Madam Speaker, let me start by saying that my speech today will stress a fundamentally philosophical tone. Thus, I do not intend to debate the form and the letter of the bill we have before us. My analysis is going to essentially look at background, culture and history. I will still refer to some of the concepts and terms used in the bill, but not more than that.
Although the purpose of the proposed legislative measures is officially to prevent smugglers from abusing Canada's immigration system, we can easily see that a number of the elements that are tackled in the bill actually deal with immigration principles in the wider sense. Given the intrusive nature of those measures and the delegation of power that allows decisions to be made arbitrarily, we cannot avoid feeling that this draconian trend is a harbinger of the initiatives that this government is going to introduce in the coming years. This is not the first issue to show this shift to the right.
Although the wording recognizes the social issue underlying the need for such a bill, it seems that it is no more than a pretext for imposing restrictive measures intended to reposition the Canadian government in immigration matters. If we study the bill before us, we can easily see that far too little effort is made to crack down on crime, that is, criminal wrongdoing or human trafficking. Rather it is a roundabout attempt to regulate immigration and the arrival of newcomers in Canada.
My thoughts are thus informed by the historical background of immigration to Canada. I was born in the community of Uashat, an Innu community 700 kilometres north of Quebec City, and so my remarks will also be influenced by that concept.
If the rules the Conservatives want to establish had been in place in centuries past, Canada as we know it today would simply not exist.
The country and the society we live in today are the heirs of the “irregular arrival”—I am using the terms used in the bill—of immigrants to the continent. In short, a good number of Canadians, if not almost all Canadians, are themselves descended from sometimes massive, uncontrolled, disorderly and even self-interested immigration. When I say that I come from Uashat it is important to understand—and this is what history teaches us—that Jacques Cartier very likely landed close to the current location of my community of Uashat. History also tells us that the Innu displayed boundless tolerance and acceptance. They even lavished the new arrivals with care, and the existence of so many Canadians today serves only to support this undeniable fact.
Let us simply imagine that in the 16th century, when Jacques Cartier arrived, new arrivals suffering from advanced malnutrition had been put into preventive detention—so that their files could be reviewed—or that the authorities refused to consider the cases of immigrants suspected of the slightest criminal activity. There was no bureaucracy or those kinds of procedures at the time, but it serves to highlight a number of truths. It is unthinkable, is it not? We also understand that Canada was very likely populated by people who simply wanted to leave Europe or who had every reason to do so.
And yet this is what we are witnessing today: measures that run counter to the generous and open character of Canada, where traditionally we have not had immigration policies designed to circumscribe the admission of newcomers to the land. Traditionally, the Innu had a somewhat broad, somewhat vague vision of the concept of land ownership, which is still true today. So when the newcomers showed up, they simply shared the land, which was huge in any event, as well as the resources. They exhibited unbounded openness. This is the approach that should be taken in measures to regulate immigration to Canada, in keeping with that traditional intent and the interaction that took place several centuries ago.
That said, it is important to consider the social aspect that underlies the enactment of legislation of this nature. My eyes stopped on certain provisions that even provide for an inference of criminal activity or criminal organizations in the group. So there is very little guidance here, to my mind, and without a lengthy preamble, there is no definition of certain concepts in this new bill.
Without a lengthy preamble, there is no definition of certain concepts in this new bill.
Given the coercive nature of the proposed legislation and its excessive delegation of discretionary powers to the Minister of Citizenship, Immigration and Multiculturalism, it stifles much of the immigration we see in Canada. The door has been opened too wide. The definition and the discretion are too broad. Everything is subject to interpretation and there is nothing objective about any of it.
When taken as a whole, and in its present form, the bill contravenes Canada’s obligations in relation to human rights and the rights of refugees, and breaks with a Canadian policy, we might even say a Canadian tradition, that is firmly entrenched and that takes a positive view of immigration and the admission of refugees, a century-old tradition.
As I understand the text of the bill, we would be well advised to reassess a number of the proposed parameters for the methods of punishing human trafficking that it contains and transfer authority to the Royal Canadian Mounted Police, which already has skilled investigators among its members, and allocate it a budget proportionate to the workload associated with managing human trafficking cases within Canada.
The legislation, which has gone off track, should therefore have certain provisions removed, at the very least, and this authority should be transferred to an organization that has already demonstrated its investigative prowess in the past.
The bill clearly will not reduce the extent of human trafficking within Canada; rather, it will bring with it a lot of stigma that will ultimately be borne by all immigrants and legitimate refugees in the country.